S 4445 United States Senate · 118th Congress

Right to IVF Act

Summary
Right to IVF Act This bill provides a statutory right to access fertility treatments (e.g., in vitro fertilization). Specifically, under the bill, individuals have the right to access fertility treatments and to make decisions about the use of their reproductive genetic material (e.g., embryos) without limitation or interference. Health care providers and insurers have the right to provide and cover these services, respectively. Manufacturers of applicable drugs or devices also have the right to provide these drugs or devices. The bill supersedes state laws that limit or otherwise interfere with the provision of fertility treatments as set out under this bill, including laws that require medically unnecessary procedures or services in conjunction with fertility treatments or that restrict the ability of individuals to receive fertility treatments based on marital status or sex (including sexual orientation or gender identity). The bill does not affect state health and safety regulations for medical facilities or health care providers that are in accordance with widely accepted and evidence-based medical standards and for which the purpose cannot be achieved in another, nonrestrictive manner. The Department of Justice may bring civil actions against states, individuals, or entities that implement or enforce limitations or requirements that violate this bill. Individuals and health care providers may also bring civil actions.  In addition, the bill provides for coverage of fertility treatments under Medicare and Medicaid and for members of the uniformed services and veterans. It also requires private insurers that cover obstetrical services to also cover fertility treatments.
Bill status introduced 2 of 4 stages cleared
Introduction
Jun 2024
Committee Review
Senate Passage
President
Introduced Jun 3, 2024 Last action Sep 17, 2024
Floor votes · Senate Sep 17, 2024

How they voted

5144
Failed · 5 other
Total votes 100
Sep 17, 2024
D Democratic47
46 Yea 1
97% Yea
I Independent4
3 Yea 1
75% Yea
R Republican49
2 Yea 44 Nay 3
89% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
13
Key actions
0
Committee
0
Sep 17, 2024
Vote failed
Senate Vote: Cloture Motion Rejected (51-44-5)
senate
Jun 3, 2024
Introduced
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
upper
Jun 3, 2024
Introduced
Introduced in Senate
upper
1 primary · 48 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Tammy Duckworth
Tammy Duckworth
DDemocratic
IL
n/a
Co
Photo of Alex Padilla
Alex Padilla
DDemocratic
CA
n/a
Co
Photo of Amy Klobuchar
Amy Klobuchar
DDemocratic
MN
n/a
Co
Photo of Angus S. King, Jr.
Angus S. King, Jr.
IIndependent
ME
n/a
Co
Photo of Ben Ray Luján
Ben Ray Luján
DDemocratic
NM
n/a
Co
Photo of Benjamin L. Cardin
Benjamin L. Cardin
DDemocratic
MD
n/a
Co
Photo of Bernard Sanders
Bernard Sanders
IIndependent
VT
n/a
Co
Photo of Brian Schatz
Brian Schatz
DDemocratic
HI
n/a
Co
Photo of Catherine Cortez Masto
Catherine Cortez Masto
DDemocratic
NV
n/a
Co
Photo of Charles E. Schumer
Charles E. Schumer
DDemocratic
NY
n/a
Co
Photo of Chris Van Hollen
Chris Van Hollen
DDemocratic
MD
n/a